Demolition drive is ‘unlawful and unconstitutional’ : PUCL

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By Special Correspondent

New Delhi: Prominent rights group People’s Union For Civil Liberties ( PUCL) on Wednesday  wrote a strong letter to  the Assistant Commissioner, North Delhi Municipal Corporation  warning him that the  in the garb of  encroachment  removal programmed   in  the violence hit-Jahangirpuri  area of the National Capital Delhi  is “unlawful  and  unconstitutional”.

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The rights activists also reminded the authorities that the encroachment drive is also against the motto of the esteemed Prime Minister “SABKA SAATH  SABKA VIKAS”.

The letter stated that there was clear message from the Constitution of India which enjoins upon the governments and municipal administrations to provide homes to the homeless and jobs to the jobless. It is not the job of these institutions to embark upon a policy which render hundreds and thousands of   poor people homeless and jobless.

The letter also highlighted higher courts’ rulings over the issue of removal of encroachments which clearly mentioned that the alleged encroachers cannot be removed without giving the poor persons individual notices and without providing them alternative accommodation.

“The issues of removal of encroachments have been debated number of times in our courts, where Supreme Court and High courts have issued number of guidelines in this connection. The central point of these guidelines is that the alleged encroachers cannot be removed without giving the poor persons individual notices and without providing them alternative accommodation, “the letter stated.

The full text of the letter as follows:

To                                                        The Assistant Commissioner,        Civil Lines Zone,                            North Delhi Municipal Corporation, Delhi.

A letter dt. 19th April 2022 written by you to The DCP North West has been brought to our notice in which you have talked about Special Joint Encroachment Removal programme to be initiated in Jahangirpuri and have sought police help. In this connection we bring to your notice that the programme envisaged by you is totally unlawful and unconstitutional. The clear message of our Constitution enjoins upon the governments and municipal administrations to provide homes to the homeless and jobs to the jobless, not that these institutions should embark upon a policy which render hundreds and thousands of   poor people homeless and jobless. The issues of removal of encroachments have been debated number of times in our courts, where Supreme Court and High courts have issued number of guidelines in this connection. The central point of these guidelines is that the alleged encroachers cannot be removed without giving the poor persons individual notices and without providing them alternative accommodation.

Please refer to the case of ‘Sudama Singh & others Versus Govt. of NCT & others, Writ Petition No. WP(C) 8904/2009 which sums up the legal position in this connection. Moreover your encroachment drive is also against the motto of our esteemed Prime Minister “SABKA SAATH SABKA VIKAS”.

Your proposed drive is certainly a clear anti-thesis of ’SABKA VIKAS”.

We therefore request you to think again and stop your drive which is totally unlawful and against the norms enshrined in the chapters of fundamental rights and Directive Principles of our State policy in our Constitution as well a number of pronouncements of our courts.

N.D.Pancholi, President

Sheoraj Singh, General Secretary

Amit Srivastav,  Secretary

CC: DCP (North West) Delhi Police.

 

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